Appellate Docket Number: 141 5-OO643-CV
Appellate Case Style: Christus Gulf Coast dlb/aChristus St, John Hospital
Vs.
AllsoiiDayidson, EtA1
Companion Case No.:
Amended/corrected statement: DOCKET1NG STATEMENT (Civil)
Appellate Court: 14th Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
1. Appellant 11. Appellant Attorney(s)
fl Person Organization (choose one) Lead Attorney
Organization Name: Christus St John Hospital First Name: LaVeme
First Name: Middle Name:
Middle Name: Last Name: Chang
Last Name: Suffix:
Suffix: Law firm Name: Cardwdll & Chang, PLLC
Pro Se: Q Address 1: 511 LovettBlvcL
Address 2:
City: ifouston
State: Texas Zip+4: 7700
Telephone: (71)222-6025 ext.
Fax: (713) 222-093S
Email: changcardwel1cbang.com
SBN: 00783819
ilL Appellee IV. Appellce Attorney(s)
j Person fl Organization (choose one) Lead Attorney
First Name: K A “Ttcy”
First Name: Allton Middle Name:
Middle Name: Last Name: Apff1
Last Name: Davidson Suffix:
Suffix: Law Firm Name: ApifelLaw Firm
Pro Se: Q Address 1: 1406-C West lylahi
Address 2:
City: LeagueCity
State: Texas Zip+4: 77573
Telephone: (281) 33278O0 ext.
Fax: (281) 332-7887
Email: treyapffellaw.cont
SBN: 01278010
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V. Perfection Of Appeal And Jurisdiction
Nature of Case (Subject matter or type of case): Professional Malpractice
Date order or judgment signed: Juiy 13 2015 Type ofjudgment: Dismissal
Date notice of appeal filed in trial court: July 21,2015
If mailed to the trial court clerk, also give the date mailed: July21, 2015
Interlocutory appeal of appealable order: Yes fl No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 2$):
Accelerated appeal (See TRAP 28): E Yes fl No
If yes, please specify statutory or other basis on which appeal is accelerated:
Parental Termination or Child Protection? (See TRAP 28.4): flYes JNo
Permissive? (See TRAP 28.3): fl Yes No
If yes, please specify statutory or other basis for such status:
Agreed? (See TRAP 28.2): fl Yes E No
If yes, please specify statutory or other basis for such status:
Appeal should receive precedence, preference, or priority under statute or rule: fl Yes No
If yes, please specify statutory or other basis for such status:
Does this case involve an amount under $100,000? Yes No
Judgment or order disposes of all parties and issues: El Yes ENo
Appeal from final judgment: [] Yes E No
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? fl Yes No
Vf. Actions Extending Time To PerfèctAppe1
Motion for New Trial: fl Yes No If yes, date filed:
Motion to Modify Judgment: flYes No If yes, date filed:
Request for findings of fact fl Yes No If yes, date filed:
and Conclusions of Law:
flYes No If yes, date filed:
Motion to Reinstate:
Yes No If yes, date filed:
Motion under TRCP 306a:
Other: fl Yes No
If other, please specify:
VU. Indigency Of Party: (Attack file-stamped copy of affidavit, and extension motion ir ified.)
Affidavit filed in trial court: fl Yes No If yes, date filed:
Contest filed in trial court: ElYes No If yes, date filed:
Date ruling on contest due:
Ruling on contest: fl Sustained fl Overruled Date of ruling:
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VIIL Bankruptcy
Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal? fl Yes No
If yes, please attach a copy of the petition.
Date bankruptcy filed: Bankruptcy Case Number:
IX. Trial Cotirt And Record
Court: 127th JudlciaIDstrct Court Clerk’s Record:
County: Trial Court Clerk: District fl County
Trial Court Docket Number (Cause No.): 201420S12 Was clerk’s record requested? Yes fl No
If yes, date requested: July 23 2015
Trial Judge (who tried or disposed of case): If no, date it will be requested:
first Name: Ii. Were payment arrangements made with clerk?
Middle Name: K. EYes No flindigent
Last Name:
(Note: No request required under TRAP 34.5(a),(b))
Suffix:
Address 1: 201 Caroline
Address2: lOthFIøot
City: Boustun
State: Txas Zip +4: 77002
Telephone: (713) 368-6161 ext.
Fax:
Email:
Reporter’s or Recorder’s Record:
Is there a reporter’s record? fl Yes No
Was reporter’s record requested? fl Yes No
Was there a reporter’s record electronically recorded? fl Yes No
If yes, date requested:
If no, date it will be requested:
Were payment arrangements made with the court reporter/court recorder? flYes fl No Ejlndigent
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fl Court Reporter fl Court Recorder
EEl Official fl Substitute
First Name:
Middle Name:
Last Name:
Suffix:
Address 1:
Address 2:
City:
State: Texas Zip +4:
Telephone: ext.
Fax:
Email:
X. Supersedeas Bond
Supersedeas bond filed:flYes E No If yes, date filed:
Will file: fl Yes ] No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? [E]Yes No
If yes, briefly state the basis for your request:
XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2iid, 4th 5th, 6th, 8th, 9th, 10th, 11th, I2tb 13th,
or 1411 Court of Appefl)
Should this appeal be referred to mediation?
El Yes No
If no, please specify:
Has the case been through an ADR procedure? []Yes No
If yes, who was the mediator?
What type of ADR procedure?
At what stage did the case go through ADR? 12] Pre-Trial fl Post-Trial fl Other
If other, please specify:
Type of case? Professional MaIpracthe
Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without
prejudice to the right to raise additional issues or request additional relief):
The?laintIffs amended expertreport contafrieagmss insufficiencies and the caeshouIdbave been dismissed.
How was the case disposed of? j4
Summary of relief granted, including amount of money judgment, and if any, damages awarded. N/A
If money judgment, what was the amount? Actual damages:
Punitive (or similar) damages:
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Attorney’s fees (trial):
Attorney’s fees (appellate):
Other:
If other, please specify:
Will you challenge this Court’s jurisdiction? fl Yes No
Does judgment have language that one or more parties “take nothing”? fl Yes No
Does judgment have a Mother Hubbard clause? flYes No
Other basis for finality?
Rate the complexity of the case (use 1 for least and 5 for most complex): fl 1 2 3 fl 4 fl 5
Please make my answer to the preceding questions known to other parties in this case. Yes fl No
Can the parties agree on an appellate mediator? fl Yes E No
If yes, please give name, address, telephone, fax and email address:
Name Address Telephone Fax Email
Languages other than English in which the mediator should be proficient:
Name of person filing out mediation section of docketing statement:
XIII, Related Matters
List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
Docket Number: Trial Court:
Style:
Vs.
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X1V Pro Bono Program (Complete section if tiling in the 1st, 3rd 5th, or 14th Courts of Appeals)
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar
Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in
the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of
discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched
with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information
regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk’s Office or on the Internet at
www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within
thirty (30) to forty-five (45) days after submitting this Docketing Statement.
Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select
your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you
in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and
information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate
attorneys.
Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No
Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have
regarding the appeal? fl Yes No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for
the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of
the U.S. Department of Health and Human Services federal Poverty Guidelines? fl Yes No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http:Haspe.hhs.gov/povertvit)6povertvshttnl.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? fl Yes E No
If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk’s
Office or on the internet at httpJ/ww cic-pprg. Your participation in the Pro Bono Program may be conditioned upon your execution of
an affidavit under oath as to your financial circumstances.
Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without
prejudice to the right to raise additional issues or request additional relief use a separate attachment, if necessary).
XV. Signature
Siglttre.ounsel (or pro se party) Date: August 11, 2015
Printed Name: LaVerne Chang State Bar No.: 00783819
Electronic Signature:
(Optional)
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XVL Certificate of Service
The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial
court’s order_____ ent as follows on August 11,2015
Signature counsel (or prosepar Electronic Signature:
(Optional)
State Bar No.: Q0783819
Person Served
Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must
state:
(1) the date and manner of service;
(2) the name and address of each person served, and
(3) if the person served is a party’s attorney, the name of the party represented by that attorney
Please enter the following for each person served:
Date Served: August 1 t 2015
Manner Served: eServed
First Name: E. A. “Trey
Middle Name:
Last Name: Apffl
Suffix:
Law Firm Name: ApifelLaw Finn
Address I: 1406-C WstMan
Address 2:
City: League City
State Texas Zip+4: 77573
Telephone: (281) 132-7800 ext.
Fax: (281) 33%7881
Email: trey@apfillaW,com
If Attorney, Representing Party’s Name: A1isoi Davisoti, et al
Please enter the following for each person served:
Page 7 of 8
Date Served: August11, 2015
Manner Served: eServed
firstName: Matthew
Middle Name: B. E.
Last Name: Hushes
Suffix: -
Law Firm Name: Boston & Hughes, PC
Address 1: 8584 Katy Freeway, Suite 310
Address 2:
City: HoUston
State Texas Zip+4: 77024
Telephone: (713)961-1122 ext.
Fax: (713)9650883
Email: mhughesbostothughes. corn
If Attorney, Representing Partys Name: Mary MercadoMD & Mary Mercado MD PA
Please enter the following for each person served:
Date Served:
Manner Served:
First Name:
Middle Name:
Last Name:
Suffix:
Law Firm Name:
Address 1:
Address 2:
City:
State Texas Zip+4:
Telephone: ext.
Fax:
Email:
If Attorney, Representing Party’s Name:
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